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IRIS 2012-8:1/6 European Commission: Poland referred to the EU Court of Justice for not fully implementing the AVMS Directive

On 21 June 2012, the European Commission released a press statement announcing its intent to refer Poland to the EU Court of Justice. The Commission explained that Poland had failed to fully implement the Audiovisual Media Services Directive (AVMS Directive).(see IRIS 2010-8/4 and IRIS 2011-5/5). According to the Commission, Poland has not fully implemented the provisions regarding on-demand services. The Commission mentions in particular that the requirements that aim to protect viewers, especially children, from commercial communications in the form of hidden advertising or from content containing...

IRIS 2012-6:1/29 [PL] Method of Introduction of Certain Provisions of the Act Amending the Act on Access to Public Information found unconstitutional

On 18 April 2012 the Constitutional Tribunal recognised the motion submitted by the President of the Republic of Poland to examine the constitutionality of the method of introducing certain provisions of the Act of 16 September 2011 Amending the Act on Access to Public Information (see IRIS 2012-1/36). The Amending Act adopted by the Sejm (lower chamber of the Parliament) concerned in its entirety the implementation of Directive 2003/98/EC on the re-use of public sector information into Polish law. After passing it to the Senate (upper chamber of the Parliament) new rules extending restrictions...

IRIS 2012-1:1/36 [PL] Adoption of the Act Amending the Act on Access to Public Information

On 16 September 2011 the Polish Parliament adopted the Act Amending the Act on Access to Public Information and some other Acts. The Act provides amendments that are necessary to transpose Directive 2003/98/EC on the re-use of public sector information (see IRIS 2004-1/104). The Act introduces a new right, the right to re-use information of the public sector. Due to this it is possible to use public information or parts of this, regardless of the form in which it was fixed (inter alia paper, electronic, sound, visual or audio-visual form) for both commercial and non-commercial purposes, other than...

IRIS 2011-10:1/35 [PL] New Regime of Must-carry / Must-offer

On 30 June 2011 the Polish Parliament enacted the Act on the introduction of terrestrial digital television. Most of its provisions entered into force on 10 August 2011, the remainder of the provisions on 26 August 2011. The Act establishes the mode of the introduction of DTT, the obligations of the operators of DTT multiplexes I and II (MUX 1 and 2) as well as the obligations of the broadcasters of programme services set on MUX 1 and 2 with regard to the public information campaign about DTT. The Act also contains significant changes to the Broadcasting Act and Telecommunications Law. One of these...

IRIS 2011-8:1/40 [PL] Constitutional Tribunal Judgment on Fees for Granting Broadcasting Licences

On 19 July 2011 the Constitutional Tribunal decided on the conformity of rules establishing the amount of the fee for granting a broadcasting licence with the Constitution of the Republic of Poland. Art. 40 para. 1 of the Broadcasting Act of 29 December 1992 (Dz. U. of 2011, Nr 43, item 226, with further amendments - BA) specifies that a fee shall be charged for awarding a broadcasting licence, irrespective of the fee for the use of radiocommunications equipment or the use of a frequency, provided for in the Act on Communications. Art. 40 para. 2 BA specifies also that the exact amount of such...